Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-16
APPLICATION ron PATENT.

APPLICATION FoR PATENT.
Where papers have once been fled with the
Register aud Receiver they become o part OF
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
-rAl Land Once.
An application will be rejected when the
sertption OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge of the Register.
S~econd-The notice was not published in .
new paper designated as published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries Of the claim.
Where the claim was not located In accord
ance with law.
Where several parties W separate and dis
tinct portions Of . claim, application for
patent may be made by either for to ct portion
OF the claim owned by him; but where several
parties own undivided interests In q mining
claim all should join in al application for .
patent.
A person or association may purchase A.
many placer locations a. the local law admits,
and embrace them all in one application for .
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more loAss within
their boundaries
Papers sworn to before any person purport-
ing 20 act as . deputy for the Register and Re-
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries OF . town site
. clause is ins erted excepting and excluding
all town property, rights upon the surface,
and all houses. buildings. structures. lots
| blocks, streets, alleys OF other municipal Inn
provements not belonging to the srantee here
in, and all rights necessary or proper 20 the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be IN ade q only
one newspaper for the period OF 60 days.
Notice must be published 10 consecutive
weeks in weekly newspaper, and In daily
newspapers 60 days must elapse between the
frat and last insertions.
Where the Register designstes the d ally Issue
OF . newspaper fer publication OF notices Of q
mining application for patent IL lie not Q com.
pltance With Law 10 change to the weekly edi.
zion Of the same paper without authority OF
the Register.
The existence OF 9 salt spring on Q tract of
land vithdraws 1t from the operation Of the
Homestead and presumption lava. A hearing
for the purpose Of proving the agricultural
character of such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must Ale Q separate and
distinct claim against each spplicstion which
IL IL alleged conflicts with the premises owned
by such adverse claimant
TIT papers In an sdyerse claim, once dled
cannot be Withdrawn. but becoE co . part OF the
record.
When an adverse claim has been hled IL can.
not be amended SO as to embrace q larger per.
ton of the premises than ihst described In IN
| original adverse claim,
An adverse claim must be made ont In
proper form and hIed in the proper local ona ce
during the period OF publication of the Appli.
cation for the patent to be effective.
1t ts the duty of the adverse lAiman O
suit in proper form within the re.
quired time. and II he trusts ihe uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the result OF
the cor ,upt or dishonest acton Of his sttsrnsy.
the interier Department cannot redress the
wrong.
An adverse claimant should set forth I'm de.
tail the facts upon which he bsses hts adverse
claim. A statement In general terms. embody.
ing conclusions Of law, without stating the
facts specially. Will not he considered In syi.
dence.
An adverse claimant should show q compl,.
ance with the local laws in recording his claim
and in regard TO expenditures. and shall nls .
copy Of the original notice Of his location, and
snow tne nature or extent OF the conflict
aiieged;
An allegation OF parties TO . suit that they
compose the company 10 sufhcienf. and they
are not required to prove that they are the
orlginsi ,oestors or me Identical parties who
present me ADVERSE eiAm'
SD'
Where land is of little. II any value. for asri.
cultural purposes, but 10 essential 10 ths
| proper dsyeiopment OF raining cI.,ms y,
should be disposed of under the Mining Act.
aeposis nave oeen inciuded In an agricultural
prior 10 issusncs oS n.tsnt 49, a.any ume
evidence ~ tha axistanca :, 800 ~ s,Hs,sc'ory
nosits. ~ 'Aiaaoie de-
where valuable deposits Of m,ps,.,
covered mon ! tract ss,a, ~ saeois' sie ois-
sn,ereJ .Pon. si'sl me SAINT vas been
been issued. the parties s,s,m,n. zen. nAs
NAV make spnIicstion 10, n.,an : mine
s@- Eol AIlE